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Louisiana Real Estate Law Questions & Answers
2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can an elderly person donate property to another person?

Grandmother wants to give 50% of house to grandson.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

As long as the donor is of sound mind, the donor should be able to donate his/her interest to whomever he/she wants----since you are discuss a house, which I interpret to mean real property, there are rules on how to donate real property, which if not followed, may nullify the donation----so, I... Read more »

2 Answers | Asked in Intellectual Property and Real Estate Law for Louisiana on
Q: We have a donation of property that is being revoked. Was presented to us as a legal document by a notary. Now the donee

Wants to revoke saying the witnesses were not present. Her attorney wants us to sign a stipulation saying we agree it’s not valid. We don’t want to sign because this doc has cost us thousands of dollars and would like recourse. We do have a court date...question is can we not sign and let... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 13, 2021

If you have a court date, then a lawsuit has been filed. You indicate that "...this doc has costs us thousands of dollars and would like recourse." You need to immediately consult with an attorney or 2, and then hopefully hire one to represent you. Good luck.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: How do you get a birth or death certificate when you don't know either date?

Uncle died and we were dividing things up until we found out he sold a piece to his son who died shortly there after. I don't know the sons birth or death date, just his name.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

I am assuming that would be your cousin. First you can look for an obituary on line. Second you can contact vital records.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My ex wife had a inheritance account she spent money out of a d wants half of the money she spent back? Is that legal

Live in Louisiana. She spent money out of her account through your marriage on a variety of things. Food, house note, etc. am I legally obligated to pay that back? And if so wouldn’t that open her account up as community property

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2021

Your attorney should be able to argue that daily expenditure was a gift. But for any major expenditure, like a home remodel or car, she would be entitled to a reimbursement if she has the bank statement, invoice, or cancelled check to prove it.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: built home on sister's land at her request pd by me now 5 years later she wants it moved

I paid for everything building materials, permits, deposits the only thing my name is not on is the lot. She's never wanted any money because I do all of the things her husband won't.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 17, 2021

OMG you built your sister a house!

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1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How do I withdraw funds from the registry of Orleans Parish court? I need to do this as soon as possibly

I'm not sure how much nor the status of the case. I received a message that it was in there. My siblings had the heir's property partitioned sometime last year. I'm sure it isn't much and would like to withdraw it on my own if possible are there special forms that I need to use... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 9, 2021

Depending on the status, you want to have an Order signed by the Judge stating that you are entitled to withdraw/receive those funds from the registry. Depending on the status and amount, it might be best to have a lawyer represent you and accomplish this.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My cousin is gifting me some land In Mississippi. The land is in her husband name and he’s no longer living.

The land is in the husbands estate and she lives in Louisiana. What needs to be done to get this transferred. She has two kids too.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

When land transfers and a deceased person is involved, my usual answer is to hire a probate/succession lawyer to consult and possibly hire-----you want to make sure the transfer is correctly done and thus the reason you should have legal counsel. Add in the additional factor of the land being out... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: Lease agreement states 60 days notice must be given, tenant only gave 10, do we have any recourse to enforce the lease?

The original year lease was extended to month to month awhile ago. However, the original lease does state under the Automatic Renewal Section the following:

This lease shall be renewed automatically for one-month periods beginning on the first day of each month thereafter MAY 1st, 2020,... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Mar 28, 2021

You need to pay for a review of the contract by an attorney and bring the entire lease. The 60 day notice provision, if accurately represented, is "valid" because parties may contract on any matter not prohibited by law. Your question is unclear on how you think you can recover 60 days... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: I need a attorney to help me with this mortgage company, who has harassed me and my family from March 2020 - March 2021.

They evicted us during the cares act protection. They forced us to move in a home with no roof and no heat with four children 4 year old boy with ADHD and a hearing problem, 7 year old girl who was distraught and cried, a 14-year-old who also had a very rough time with this and a 17 year old who... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2021

Your only chance of saving your property is if you retain an experienced LA mortgage foreclosure defense and bankruptcy attorney. Unfortunately, there is no basis to file a lawsuit against the mortgage company based on your stated facts. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY... Read more »

2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: Property owners: two owners have a house; both on title deed, but one abandoned the property since 2007. what can I do?
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2021

Unless you reach an agreement, you will need to file a Petition for a Sale for Partition. Hire a competent attorney in LA.

1 Answer | Asked in Criminal Law, Real Estate Law, Collections and Landlord - Tenant for Louisiana on
Q: Am I required to pay a termination of lease if someone else lives in the unit that I was supposed to be renting.

I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2021

Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Real estate: family partitioned land. my father in-law divided his property into 3 parts and later donated back portio

to us which we lost in foreclosure. we never extended the driveway where the servitude of passage is shown on map from 2001. now the new owners are using my driveway and yard. my father in law says he never gave access through his property and wants a gate up at the road leaving new owners no... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2021

There is almost for sure an Easement By Implication granted to some of those parcels, if not also an Easement By Prescription. Easements can be terminated, but expect to be sued. Hire a competent lawyer to advise you about what you can do, and be prepared for litigation, which you probably should... Read more »

1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Land Use & Zoning and Real Estate Law for Louisiana on
Q: I’m Purchasing Real Estate and Seller wants to keep the mineral rights. How many years that they can keep them

What steps must the purchaser take to recover the Mineral Rights from the seller

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2021

Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.

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